PENNSYLVANIA FAMILY LAW
What to expect from the Family Courts

Below is a thumbnail sketch of what to expect from the family courts in Pennsylvania. There are minor variations in the application of the law from county to county. Moreover, judges and masters have discretion in the application of the law.

Short term marriages - In short term marriages without children the court generally seeks to restore the parties to where they were before the marriage. In the run of the mill case, property acquired during the marriage is split 50/50 and alimony, if appropriate, is ordered for only a short period of time.

Mid-length marriages with children - The court, in this type of marriage, will seek to protect the children. The court may order more than 50% of the assets to the less wealthy custodial spouse. Child support, medical coverage, and alimony may be ordered in these cases. Alimony is generally awarded for a limited period of time (frequently one (1) year for every three (3) years of marriage) depending on the length of the marriage and the age of the parties' children. Health, earning capacity and possible inheritance, among other factors, will be considered and may result in deviations from the common pattern.

Long term marriages - In long term marriages with late-in-life divorces the court tends to revert to a 50/50 split of assets and provide alimony, if appropriate, until the parties's retirement age (in some circumstances after retirement). These cases generally involve division of pension interests which can be time consuming and technically complex. Health insurance is an important consideration in these cases.

Litigation

Frequently, litigation occurs when there is a lack of cooperation, communication and trust between the divorcing parties. Litigation, by definition, is the most contentious form of dispute resolution and produces the least satisfactory results for both parties. It is by far the most expensive and time consuming and the possible steps are numerous (see the Present Divorce Process chart below).

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